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The Patna High Court has dismissed a petition filed by Sanjay Kumar Jha seeking to divorce his wife after alleging that she was found in an "objectionable position" with her elder sister's husband, said advocate Kaushlendra Narayan.
Speaking to ANI, Narayan said that the petitioner had approached the High Court after his divorce plea was rejected by the lower court. He said Jha had alleged that his wife was maintaining an improper relationship with her elder sister's husband and was found in a compromising position. "The petitioner had alleged that his wife was maintaining an improper relationship with her elder sister's husband and was found in a compromising position. On that basis, he had sought a divorce. When the divorce was not granted in the lower court, he approached the High Court," Narayan said. Clarifying the term "compromising position", Narayan said it could have different interpretations and cannot by itself establish an illicit relationship. "A 'compromising position' can have different definitions. For instance, someone might just be showing respect, putting a hand on a shoulder while talking, or the conversational style might merely seem like there is an attraction," he said. Narayan said that merely making an allegation without sufficient evidence cannot be a valid ground for divorce. "But nowhere was sexual intercourse depicted or proventhere were no witnesses, no photos, no videos, and no police complaint or FIR lodged. Without providing any proof, simply levelling an allegation of a compromising position is not enough," he added. He further said the court observed that even if the wife was seen in a compromising position, there must be evidence of an illicit relationship or sexual involvement for it to become a valid ground for divorce. "The Court's stance is that even if the wife was in a compromising position, unless there is proof of sexual intercourse or illicit involvement, merely sitting together with a brother-in-law, which family members normally do, cannot become a valid ground for divorce," Narayan said. He added that the court dismissed the petition, observing that unsubstantiated allegations against a wife could amount to cruelty. Narayan further said that allegations must be supported by evidence and cannot be used as a means to seek divorce. He said, "The issue is that you could not prove the allegation you made. So your case ended right there. You wanted to run away by giving a divorce and blaming a woman. When you were tearing apart a woman's dignity, the Courtbeing human and having humanitysaw right through it. Such things don't work here; you have to bring facts. Whatever legal grounds you brought were wrong and unproven, which is why your petition was dismissed." (ANI)
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